54212 Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations 

Issued on: August 6, 2007. 

J. Richard Capka, 

Federal Highway Administrator. 

■ In consideration of the foregoing, the 

FHWA amends title 23, Code of Federal 

Regulations, part 637, as set forth below: 

PART 637—CONSTRUCTION 

INSPECTION AND APPROVAL 

■ 1. The authority citation for part 637 

continues to read as follows: 

Authority: Sec. 1307, Pub. L. 105–178, 112 

Stat. 107; 23 U.S.C. 109, 114, and 315; 49 

CFR 1.48(b). 

■ 2. In § 637.209, add paragraph (a)(5) to 

read as follows: 

§ 637.209 Laboratory and sampling and 

testing personnel qualifications. 

* * * * * 

(a) * * * 

(5) After September 24, 2009, 

laboratories that perform crash testing 

for acceptance of roadside hardware by 

the FHWA shall be accredited by a 

laboratory accreditation body that is 

recognized by the National Cooperation 

for Laboratory Accreditation (NACLA), 

is a signatory to the Asia Pacific 

Laboratory Accreditation Cooperation 

(APLAC) Mutual Recognition 

Arrangement (MRA), is a signatory to 

the International Laboratory 

Accreditation Cooperation (ILAC) 

Mutual Recognition Arrangement 

(MRA), or another accreditation body 

acceptable to FHWA. 

* * * * * 

[FR Doc. E7–18725 Filed 9–21–07; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2006–HA–0210] 

RIN 0720–AB12 

32 CFR Part 199 

TRICARE; TRICARE Retiree Dental 

Program (TRDP) Basic Benefit 

Descriptions and Administrative 

Corrections 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

TRICARE Retiree Dental Program 

(TRDP) Basic benefit descriptions by 

replacing specific American Dental 

Association (ADA) dental procedure 

codes and nomenclature with general 

benefit categories and descriptions. This 

revision is necessary to keep the 

regulation current, since dental 

procedure codes are added, revised, and 

deleted on a regular basis. This final 

rule does not change or eliminate any 

benefits that are currently available 

under the TRDP program. This final rule 

also revises several incorrect, obsolete, 

or historical terms pertaining to the 

TRICARE program, and removes an 

inaccurate statement regarding appeals 

and grievances. 

DATES: Effective Date: October 24, 2007. 

ADDRESSES: TRICARE Management 

Activity, 16401 East Centretech 

Parkway, Aurora, CO 80011–9066. 

FOR FURTHER INFORMATION CONTACT: 

Debra Hatzel, Program Requirements 

Division, TRICARE Management 

Activity, telephone (303) 676–3572. 

SUPPLEMENTARY INFORMATION: 

1. Introduction and Background 

A. Provisions of the Rule Regarding 

Dental Procedure Codes and 

Nomenclature. This final rule amends 

TRICARE Retiree Dental Program 

(TRDP) Basic benefit descriptions by 

removing specific American Dental 

Association (ADA) dental procedure 

codes and nomenclature, and replacing 

them with general benefit categories and 

descriptions from the most recent 

Current Dental Terminology (CDT) 

Manual (CDT–2005). This action is 

required because dental procedure 

codes and nomenclature are added, 

revised, and deleted by the ADA every 

two years; when this occurs, the 

regulation must also be revised to reflect 

the new codes and nomenclature. 

Maintaining specific procedure codes 

and nomenclature in the regulation is 

unnecessary, since the TRDP contract 

and TRDP marketing materials 

(available at http://www.tricare.osd.mil/ 

dental/dm2.cfm) already contain 

detailed benefit descriptions. Also, the 

TRDP contractor and enrollees are 

notified when the Government directs 

any changes to TRDP benefits, limits, or 

exclusions. The TRDP contract and 

TRDP marketing materials will continue 

to be the primary vehicles for 

communicating specific benefit 

information to the TRDP contractor and 

beneficiaries. Removal of specific 

procedure codes and nomenclature from 

this section does not change or 

eliminate any benefits that are currently 

available under the TRDP. The general 

categories of benefits that are listed in 

this final rule will be adjusted 

periodically to conform to the current 

CDT Manual. 

Although there are many similarities 

between the TRDP and the TRICARE 

Dental Program (TDP), the benefits are 

not identical. Also, there are different 

dental benefits available under the 

TRDP Basic program and the TRDP 

Enhanced program. The general benefit 

categories in this TRDP final rule differ 

from the TDP benefit categories listed in 

32 CFR Part 199.13. This variance exists 

because some of the benefits offered 

under the TDP are not benefits under 

the TRDP Basic program (e.g., 

prosthodontic and orthodontic services), 

and because the TDP benefit categories 

were derived from an earlier version of 

the CDT Manual. 

B. Provisions of the Rule Regarding 

the Administrative Correction of 

Incorrect, Obsolete, or Historical Terms 

and Inaccurate Information. The 

proposed rule addressed the revision of 

several incorrect, obsolete or historical 

terms that appear in the regulation. 

Specifically, ‘‘Director, OCHAMPUS’’

was proposed to be amended to 

‘‘Director, TRICARE Management 

Activity’’; ‘‘Assistant Secretary of 

Defense (Human Affairs)’’ was proposed 

to be amended to ‘‘Assistant Secretary of 

Defense (Health Affairs)’’; ‘‘Active Duty 

Dependents Dental Program’’ was 

proposed to be amended to ‘‘TRICARE 

Dental Program’’; ‘‘CHAMPUS’’ was 

proposed to be amended to ‘‘TRICARE/ 

CHAMPUS’’; and ‘‘OCHAMPUS’’ was 

proposed to be amended to ‘‘TRICARE 

Management Activity.’’

Subsequent to the publication of the 

proposed rule, TRICARE Management 

Activity identified a long-standing error 

in the regulation regarding appeals and 

grievances. Specifically, 32 CFR 

199.22(k)(1) currently states, ‘‘Appeal 

and hearing procedures. All levels of 

appeals and grievances established by 

the Contractor for internal review shall 

be exhausted prior to forwarding to 

OCHAMPUS for a final review. 

Procedures comparable to those 

established under Sec. 199.13(h) of this 

part shall apply.’’ The first sentence in 

this paragraph is inaccurate. TRDP 

grievances are written complaints 

regarding non-appealable issues 

involving a perceived failure of a 

provider or contractor staff to furnish 

the expected level or quality of care 

(e.g., demeanor or behavior of providers 

or their staff). The TRDP contractor is 

responsible for the investigation and 

resolution of grievances; since they are 

not forwarded to TMA for ‘‘final 

review’’, the current CFR language is 

incorrect. Appeals involve decisions 

related to TRICARE benefits (e.g., denial 

of preauthorization for requested 

services, or denial of TRICARE payment 

for services received). Appeals are 

initially sent to the TRDP contractor for 

reconsideration. If the original denial is 

upheld (and the amount in dispute is 

$50 or more), the beneficiary may 


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Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations 54213 

request a formal review by the TRICARE 

Management Activity. If the beneficiary 

is dissatisfied with the formal review 

decision (and the amount in dispute is 

$300 or more, the beneficiary may 

request that the TRICARE Management 

Activity schedule an independent 

hearing. Since there are two possible 

levels of action for appeals that are 

forwarded to the TRICARE Management 

Activity (not a single ‘‘final review’’), 

the current CFR language is incorrect. 

Therefore, the inaccurate sentence has 

been deleted in this final rule as an 

administrative correction. The current 

TRDP appeal and hearing procedures 

are comparable to those established 

under Sec. 199.13(h) as required by the 

regulation, and are unchanged by this 

rule. 

II. Public Comments 

The proposed rule was published in 

the Federal Register on November 27, 

2006. We received no public comments. 

III. Regulatory Procedures 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

available, regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Order classifies a rule as a significant 

regulatory action requiring review by 

the Office of Management and Budget if 

it meets any one of a number of 

specified conditions, including having 

an annual effect on the national 

economy of $100 million or more, 

creating a serious inconsistency or 

interfering with an action of another 

agency, materially altering the 

budgetary impact of entitlements or the 

right of entitlement recipients, or raising 

novel legal or policy issues. DoD has 

examined the economic, legal, and 

policy implications of this final rule and 

has concluded that is not a significant 

regulatory action. The changes set forth 

in the final rule are minor 

administrative revisions to the existing 

regulation which do not change the 

basic TRDP benefit structure. This is 

neither a significant regulatory action 

under Executive Order 12866, nor 

would it have a significant impact on 

small entities. 

Regulatory Flexibility Act (RFA) 

requires that each Federal Agency 

prepare and make available for public 

comment, a regulatory flexibility 

analysis when the agency issues a 

Regulation which would have a 

significant impact on a substantial 

number of small entities. 

This final rule is not a major rule 

under the Congressional Review Act 

because its economic impact will be less 

than $100 million. 

Executive Order 13132 requires that 

each Federal Agency shall consult with 

State and local officials and obtain their 

input if a rule has federalism 

implications which have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have 

examined the impact of the final rule 

under Executive Order 13132 and it 

does not have policies that have 

federalism implications that would have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government; therefore, 

consultation with State and local 

officials is not required. In addition, this 

final rule does not impose new 

information collection requirements for 

purposes of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3511). 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

■ Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Section 199.22 is amended by 

revising the last sentence of paragraph 

(b)(1), paragraph (b)(4), paragraph (c), 

paragraph (d)(1)(v), the first sentence of 

paragraph (d)(4)(ii), paragraph (f) 

introductory text, paragraph (f)(1) 

introductory text, paragraphs (f)(1)(i) 

through (f)(1)(vii), the first sentence of 

paragraph (f)(3), and paragraph (g); and 

by removing paragraph (f)(1)(viii), 

paragraph (f)(1)(ix), and the first 

sentence of paragraph (k) to read as 

follows: 

§199.22 TRICARE Retiree Dental Program 

(TRDP). 

* * * * * 

(b) * * * 

(1) * * * Additional services 

comparable to those contained in 

paragraph (e)(2) of §199.13 may be 

covered pursuant to benefit policy 

decisions made by the Director, 

TRICARE Management Activity, or 

designee. 

* * * * * 

(4) Except as otherwise provided in 

this section or by the Assistant Secretary 

of Defense (Health Affairs) or designee, 

the TRDP is administered in a manner 

similar to the TRICARE Dental Program 

under §199.13 of this part. 

* * * * * 

(c) Except as may be specifically 

provided in this section, to the extent 

terms defined in §199.2 and §199.13(b) 

are relevant to the administration of the 

TRICARE Retiree Dental Program, the 

definitions contained in §199.2 and 

§199.13(b) shall apply to the TRDP as 

they do to TRICARE/CHAMPUS and the 

TRICARE Dental Program. 

(d) * * * 

(1) * * * 

(v) The unremarried surviving spouse 

and eligible child dependents of a 

deceased member who died while in 

status described in paragraph (d)(1)(i) or 

paragraph (d)(1)(ii) of this section; the 

unremarried surviving spouse and 

eligible child dependents who receive a 

surviving spouse annuity; or the 

unremarried surviving spouse and 

eligible child dependents of a deceased 

member who died while on active duty 

for a period of more than 30 days and 

whose eligible dependents are not 

eligible or no longer for the TRICARE 

Dental Program. 

* * * * * 

(4) * * * 

(ii) Enrollment period for enhanced 

benefits. The initial enrollment period 

for enhanced benefit coverage described 

in paragraph (f)(2) of this section shall 

be established by the Director, TRICARE 

Management Activity, or designee, 

when such coverage is offered, to be a 

period of not less than 12 months and 

not more than 24 months. * * * 

* * * * * 

(f) Plan benefits. The Director, 

TRICARE Management Activity, or 

designee, may modify the services 

covered by the TRDP to the extent 

determined appropriate based on 

developments in common dental care 

practices and standard dental programs. 

In addition, the Director, TRICARE 

Management Activity, or designee, may 

establish such exclusions and 

limitations as are consistent with those 

established by dental insurance and 

prepayment plans to control utilization 

and quality of care for the services and 

items covered by the TRDP. 

(1) The minimum TRDP benefit is 

basic dental care to include diagnostic 

services, preventive services, restorative 

services, endodontic services, 

periodontic services, oral surgery 


rfrederick on PROD1PC67 with RULES
54214 Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations 

services, and other general services. The 

following is the minimum TRDP 

covered dental benefit: 

(i) Diagnostic services. 

(A) Clinical oral examinations. 

(B) Radiographs and diagnostic 

imaging. 

(C) Tests and laboratory examinations. 

(ii) Preventive services. 

(A) Dental prophylaxis. 

(B) Topical fluoride treatment (office 

procedure). 

(C) Sealants. 

(D) Other preventive services. 

(E) Space maintenance. 

(iii) Restorative services. 

(A) Amalgam restorations. 

(B) Resin-based composite 

restorations. 

(C) Other restorative services. 

(iv) Endodontic services. 

(A) Pulp capping. 

(B) Pulpotomy and pulpectomy. 

(C) Root canal therapy. 

(D) Apexification and recalcification 

procedures. 

(E) Apicoectomy and periradicular 

services. 

(F) Other endodontic procedures. 

(v) Periodontic Services. 

(A) Surgical services. 

(B) Periodontal services. 

(vi) Oral surgery. 

(A) Extractions. 

(B) Surgical extractions. 

(C) Alveoloplasty. 

(D) Biopsy. 

(E) Other surgical procedures. 

(vii) Other general services. 

(A) Palliative (emergenery) treatment 

of dental pain. 

(B) Therapeutic drug injection. 

(C) Other drugs and/or medicaments. 

(D) Treatment of postsurgical 

complications. 

* * * * * 

(3) Alternative course of treatment 

policy. The Director, TRICARE 

Management Activity, or designee, may 

establish, in accordance with generally 

accepted dental benefit practices, an 

alternative course of treatment policy 

which provides reimbursement in 

instances where the dentist and TRDP 

enrollee select a more expensive service, 

procedure, or course of treatement than 

in customarily provided. * * * 

* * * * * 

(g) Maximum coverage amounts. Each 

enrollee is subject to an annual 

maximum coverage amount for nonorthodontic dental benefits and, if an 

orthodontic benefit is offered, a lifetime 

maximum coverage amount for 

orthodontics as established by the 

Director, TRICARE Management 

Activity, or designee. 

* * * * * 

Dated: September 14, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–4658 Filed 9–21–07; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–29153] 

RIN 1625–AA87 

Security Zone; Hawaii Superferry 

Arrival/Departure, Nawiliwili Harbor, 

Kauai, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; additional 

correction. 

SUMMARY: This document corrects a 

typographical error in a U.S. Code 

section number and corrects a reference 

to an access road on the jetty south of 

Nawiliwili Park in a temporary final 

rule entitled ‘‘Security Zone; Hawaii 

Super Ferry Arrival/Departure, 

Nawiliwili Harbor, Kauai, Hawaii’’ that 

was published September 5, 2007, in the 

Federal Register. 

DATES: These corrections are effective 

September 24, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant (Junior Grade) Jasmin Parker, 

U.S. Coast Guard Sector Honolulu at 

808–842–2673. 

SUPPLEMENTARY INFORMATION: On 

September 5, 2007, the Coast Guard 

published a temporary final rule 

entitled ‘‘Security Zone; Hawaii Super 

Ferry Arrival/Departure, Nawiliwili 

Harbor, Kauai, Hawaii’’ in the Federal 

Register (72 FR 50877). In that 

document references were made to 

Waapa Road being included in the 

security zone covering land on the jetty 

south of Nawiliwili Park. The road in 

the zone is not named ‘‘Waapa Road’’; 

instead, that jetty access road is 

commonly known as ‘‘Jetty Road.’’ Also, 

when citing to the authority for making 

the rule effective less than 30 days after 

publication, instead of citing to 5 U.S.C. 

553(d)(3), because of a typographic 

error, that section was cited as ‘‘533.’’

This document corrects those errors. A 

previous correction document for this 

rule was published September 13, 2007 

(72 FR 52282). 

Correction Instructions 

In rule FR Doc. 07–4357 published on 

September 5, 2007 (72 FR 50877), make 

the following corrections: 

1. On page 50877, in the first column, 

in line 17, remove the words ‘‘Waapa 

Road’’ and add, in their place, the words 

‘‘the jetty access road (commonly 

known as Jetty Road)’’. 

2. On page 50877, in the second 

column, in line 21, remove ‘‘533’’ and 

add, in its place, ‘‘553’’. 

§ 165.T14–160 [Corrected] 

■ 3. On page 50879, in the first line of 

the second column, in § 165.T14–160(a), 

remove the words ‘‘Waapa Road’’ and 

add, in their place, the words ‘‘the jetty 

access road (commonly known as Jetty 

Road)’’. 

Dated: September 19, 2007. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E7–18783 Filed 9–21–07; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 05–195, CC Docket No. 96–

45, CC Docket No. 02–6, WC Docket No. 

02–60, WC Docket No. 03–109, CC Docket 

No. 97–21; FCC 07–150] 

Measures To Safeguard the Universal 

Service Fund From Waste, Fraud, and 

Abuse as Well as Measures To 

Improve the Management, 

Administration, and Oversight of the 

Universal Service Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In the Report and Order, the 

Commission adopted measures to 

safeguard the Universal Service Fund 

(‘‘USF’’) from waste, fraud, and abuse. 

The intended effect of the measures 

adopted is to improve the management, 

administration, and oversight of the 

USF. 

DATES: Effective October 24, 2007 except 

for the amendments to §§ 54.202, 

54.417, 54.619, and 54.706, which 

contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. The FCC will publish a 

document in the Federal Register 

announcing the effective date for those 

sections. Additionally, the Commission 

will send, as a minor rule, a copy of this 


rfrederick on PROD1PC67 with RULES